Can a Custodial Parent Get Retroactive Support

My question involves child support in the State of: New mexico

My husband have a child she is now 13 years old. The ex is claiming child support this year so he owns those past years, because she never claim child support on those past years because she was married to another guy ,but now she is alone and now she is asking for child support. Now we know that the child lives with the gradmother because she is always in grandmothers house and the child told us one day that her grandpa gives her money because her, we dont know exacly how he is getting the money, if its for the taxes or something else. My question is if the grandparent of the child claim her in the past years on their taxes can the ex claim tha past years of child support??

Yes.

(Short answer)

The real problem though is that you and your husband really don't know what's going on. Has your husband actually been found to be the legal father of the child? Was/is there an existing child support order?

Was the husband named as the child's father and, if so, when and how was paternity disestablished? Why wasn't your husband aware of the child and the possibility that the child could be his? If your husband's paternity has now been legally established, when and how did that occur and has any amount of support already been ordered?

We are aware that it is his daugher he lives with her for the first two years of her live but they separete in 2002 and since the grandmother has the child. My husband marrried me and the ex married another guy and we try to see the kid but she always refuse to let my husbad see her, so my husbad never went to the sc office to do something he said cuz he does not want any trouble. (but now he having it)
the ex never went to order cs on those years and it was because she did not have the child with her it was with her mother.
But know she separete from her husbadn and now she order sc from my husband and the other guy cuz she has 3 kids with that guy and 1 with my husband
But like i said before we think that the grandparents always have the kid with them, the kid has her room at the grandparent and she is always with them, thats the reason we know that they always claim her on their taxes.We dont know if the ex can claim the child support for the last past years since the kid did not live with her??

It really doesn't matter too much, to be honest.

Whether or not the child lives with Mom or Grandparents, your husband will owe child support.

ok thank u very much..

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sorry i have another question... The order for visitation for my husband to see his daughther is he can go every 2 weeks on his days off he can pick her at 3 on friday afterschool and have to drop her at 3 on saturday. now he has 1 month that he cant go and pick her up because mom said that she was granded and the other time that she did not want to come cuz she have to go to church.they always put some excuses , what can my husband do in able to see his daughter can he put charges on mom what can he do??

He can take her to court for contempt. She can't ground her daughter from seeing her father on his time.

Ok he will do the court, but what happends if mom said to the judge that the kid those not want to come with us? i ask u that because when he had the first court she took the kid to the court to tell the judge that she did not want to come with us. But the judge did not let the kid stay in the court room,( but still mom told the judge) and thats a big lie the kid loves to come here with us, she is very happy went she comes here and she wanted to spend more time with us. But mom control her, so what can he do if she do that in court?

How often has Dad exercised his parenting time in say, the past two years?

this is the first year that Dad start seen the kid by court last year and the past 10 years he try but mom always does not want him to see the kid or to come with us
first because tha stepdad those not want too....and now because mom does not want too. I think mom is afraid that kid will stat with us because like i said before kid loves to come here, kid said that on mom house she can not do alot of things and beside she have to clean the house and take care of her younger bothers and sister and i think that is not right.

Mom never let Dad to spend time with kid. And Dad did not try so hard to see the kid and he was afraid to do something because she would put sc againt him but now she did and he is going to pay all the past cs.....I dont know why mom never let him see his daughter..

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Or can i do something (me Stepmom) kid love me but went she is with mom she pretent that she does not talk to me kid is afraid of mom